Penalties
There are a wide range of penalties available in New South Wales, including the following:
Full time custodial sentence
- A judge should not sentence an offender to full time prison custody unless no other penalty is appropriate in the circumstances. The judge should set a head sentence and a separate non-parole period. The non-parole period should not be less than three quarters of the full time term of the sentence unless the judge finds that there have been special circumstances that would justify a reduction. A judge can refuse to set a non-parole period as they consider appropriate. A judge must not set a non-parole period if the term of imprisonment is 6 months or less.
Suspended sentence
- Where a court imposes a sentence of imprisonment on a person which is not more than 2 years it may make an order suspending the execution of the whole of the sentence for such period on the condition that the person enters into a bond for the term of the sentence. If the offender breaches a good behaviour bond they will be brought before the court normally ordered to serve the remaining time in gaol. Suspended sentences are normally only available in special circumstances where there are prospects of rehabilitation.
Periodic detention
- Can only be ordered where the judge sentences the prisoner to 3 years or less.
Home detention
- Is not available in serious criminal cases. The judge can impose such conditions which they consider appropriate except ordering the offender to pay money.
Community service order
- The offender may be required to perform community service up to a maximum of 500 hours. The judge can impose conditions as in the case of home detention.
Good behaviour bond
- An offender can be ordered to be of good behaviour for a specific period up to a maximum of 5 years. A good behaviour bond can also be subject to conditions but must not require the offender to perform community service or to pay money. Any breach of the good behaviour bond will result in the offender being brought before the court with the bond being varied or cancelled leading to a term of imprisonment or other penalties including periodic detention or home detention.
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A community service order and a good behaviour bond are alternative penalties only. They cannot be imposed in relation to the same offence.
Section 10 bond
- These bonds are often misunderstood by the community. A section 10 bond may be given where a offender either pleads guilty or is found guilty of an offence that the judge decides not to convict but either to dismiss the charges conditionally or discharge the offender on the condition that they enter a good behaviour bond not exceeding 2 years. As no conviction is recorded the offender does not get a criminal record. Unfortunately too many people forget that a section 10 bond is only available due to the trivial nature of the offence. The ability to obtain a section 10 bond varies between local courts in New South Wales.
Fine
- Fines may be imposed as an additional penalty to a good behaviour bond or a sentence of imprisonment except for section 10 bonds. Before fines are imposed courts normally take into account the defendants financial circumstances. Fines are usually required o be paid to the court registry within 28 days.
The application of these penalties depends on the individual circumstances of a particular offence or offences of which the accused is charged. Essentially, the more serious the crime the more serious the penalty and the greater the likelihood of a full time custodial sentence.
Penalties Articles
Tax Law - Debt Recovery - False or misleading statements(Part 3 of 4)
Date: January 17, 2012
Author(s): Jonathan Lim B.A., LL.B. (Hons)
This article deals with the ATO’s power to impose and increase administrative penalties upon unpaid tax debts, in situations where the taxpayer has made a false or misleading statement. This part of the article deals with “recklessness.”
Tax Law - Debt Recovery - False or misleading statements(part 4 of 4)
Date: January 17, 2012
Author(s): Jonathan Lim B.A., LL.B. (Hons)
This article deals with the ATO’s power to impose and increase administrative penalties upon unpaid tax debts, in situations where the taxpayer has made a false or misleading statement. This part of the article deals with “intentional disregard”.
Tax Law - Large business entities(Part 1)
Date: January 17, 2012
Author(s): Jonathan Lim B.A., LL.B. (Hons)
The ATO does not treat large business entities with the same anonymity as other taxpayers, since there are relatively few of them and they contribute a disproportionate amount to revenues. This article deals with the special rules developed by the ATO to deal with, and engage with, large businesses.
Tax Law - Large business entities(Part 2)
Date: January 17, 2012
Author(s): Jonathan Lim B.A., LL.B. (Hons)
The ATO does not treat large business entities with the same anonymity as other taxpayers, since there are relatively few of them and they contribute a disproportionate amount to revenues. This article deals with the special rules developed by the ATO to deal with, and engage with, large businesses.
Tax Law - Large business entities(Part 3)
Date: January 17, 2012
Author(s): Jonathan Lim B.A., LL.B. (Hons)
The ATO does not treat large business entities with the same anonymity as other taxpayers, since there are relatively few of them and they contribute a disproportionate amount to revenues. This article deals with the special rules developed by the ATO to deal with, and engage with, large businesses.
Criminal Law - Apprehended Violence Orders - Court and Penalties
Date: March 10, 2011
Author(s): Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
The vast majority of the AVOs and PVOs are settled after negotiations and the application can either be withdrawn and dismissed, or an undertaking made not to embark on any form of specified behaviour without admissions, or with an order being made with the consent of both parties with no admissions as to the nature of the facts alleged in the application for an order.
Criminal Law - Sentencing in the Local Court
Date: October 08, 2010
Author(s): Jana Whitby B.A., LL.B. (Hons.)
Often I am asked by my clients who have been charged with common offences such as assault or drink driving what the likely result will be if they enter a plea of “Guilty”. This is not a question which can be answered with much certainty given that even when to individuals are charged with exactly the same charge, the possible outcome when it comes to that individual’s sentencing can vary according to factors such as in which Local Court the matter is dealt with, which Magistrate determines the sentence, the sentencing options available to the Magistrate and the individual’s subjective circumstances.
Criminal Law - Bail - The importance of a well prepared bail application
Date: February 02, 2009
Author(s): LAC Lawyers
Given that the Act provides for authorisation to be at liberty, the question obviously arises as to what types of matters could put an accused’s liberty at risk and what forms of review, if any are possible, if bail is refused.
Drink Driving - Your Rights, Police Powers, Court Penalties
Date: September 01, 2008
Author(s): LAC Lawyers
Read on to find a list of commonly asked questions as well as an overview of likely penalties according to your Prescribed Concentration of Alcohol (PCA).
Criminal Law - Pleading guilty? Make yourself the favourite!
Date: May 14, 2008
Author(s): LAC Lawyers
In a large number of criminal cases a person will plead guilty. It is then up to his legal representative to submit what is called a plea in mitigation. In other words the advocate will make submissions to the Court for the purpose of obtaining the most lenient sentence possible.
What to expect when you call LAC Lawyers
Date: December 13, 2006
Author(s): LAC Lawyers
LAC Lawyers is a full service firm dedicated to the provision of superior legal services in Australia. Our aim is to provide unrivalled client satisfaction coupled with high quality service and advice. When you call LAC Lawyers our friendly reception staff will spend time with you to identify the area of law your enquiry relates to then pass you on to one of our qualified solicitor's who can help you.
Criminal Law - Sentence and penalty options available to courts if convicted of a criminal offence
Date: September 26, 2005
Author(s): LAC Lawyers
Murder. Bigamy. Robbery. Bushfires. Terrorism. Domestic violence. Computer offences. Concealing the birth of a child. Fraud. Rape. The list of criminal offences for which a person may be convicted in any Australian jurisdiction is extensive.